DEPARTMENT OF
iHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370-510
0
CRS
Docket No: 1255-02
30 January 2003
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 29 January 2003.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.
Your allegations of error and
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The record reflects that on 3 March 1995 you received
The Board found that you enlisted in the Marine Corps on 15 July
1993.
nonjudicial punishment for absence from your appointed place of
duty.
A summary court-martial convened on 21 March 1996 and found you
guilty of use of marijuana.
confinement for 30 days and reduction in pay grade.
1997 you were honorably separated and transferred to the Marine
Corps Reserve.
The court sentenced you to
On 14 July
The Board noted your request to remove the summary court-martial
from your record.
However, the Board is prohibited by law from
reviewing the findings of a court-martial and must restrict its
review to determine if the sentence of the court-martial should
be reduced as a matter of clemency.
determined that clemency was not warranted given the serious
nature of any drug offense.
been denied.
The names and votes of the members of the panel
Accordingly, your application has
However, the Board
will be furnished upon request.
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
Board reconsider its decision
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
upon,submission of new and material
Sincerely,
W. DEAN PFEIFFER
Executive Director
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